Cabinet to decide today on law

With sharp differences continuing to persist between the MHA and Health on the issue of repealing Section 377 of the IPC the Union Cabinet is expected to take a call on the subject.

With sharp differences continuing to persist between the Union ministries of Home Affair (MHA) and Health on the issue of repealing Section 377 of the Indian Penal Code, which bans sexual relations among people of the same gender, the Union Cabinet is expected to take a call on the subject on Thursday. Sources in the MHA said that the ministry has decided to let the Cabinet decide on the issue.

The Delhi High Court is already hearing a PIL challenging the legality of Section 377, with the petitioner asserting that Section 377 was being used to harass homosexuals.

“It was decided to place the issue before the Cabinet so that differences among various ministries can be ironed out. As of now, except for Health Minister Anbumani Ramadoss and, to some extent, Labour Minister Oscar Fernandes, nobody in the Central Government wants the law to be done away with,” said a senior functionary of the Law and Justice Ministry.

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A few days ago, Ramadoss had written to Prime Minister Manmohan Singh, highlighting the need to drop Section 377 on the ground that it was impending India’s fight against HIV. On the other hand, the MHA had asked the Delhi High Court not to consider Ramadoss’s views on legalising gay sex among consenting adults. It said Section 377 was the will of Parliament and the people.

The MHA feels that there is nothing wrong with the law since a majority of Indians are opposed to homosexuality. It says consultations with various groups, including religious leaders, on the issue have strengthened its claim that any move to tinker with the law could be fraught with danger.